What to Do If You are Stopped for a DUI

Posted on Jul 21, 2015 1:30pm PDT

Put yourself behind the wheel, driving along the highways of Alabama at
night and going home. Now put alcohol on your breath due to having a drink
with your buddies.
Now put the red and blue lights of a police officer in your rear view mirror.

You are being pulled over on suspicion of driving under the influence (DUI)
of alcohol. What you say and do next is critical. If you keep these five
helpful tips in mind, you will help maximize your chances of avoiding
an arrest and subsequent consequences.

Stay Calm and Cooperate

Law enforcement officers are normal people, just like everyone else, so
they appreciate being treated fairly and with respect. If you relax and
remember that being pulled over does not mean you are under arrest, things
will go as smoothly as can be. Keep in mind that when the police ask you
to retrieve your license and registration, do so in deliberate movements;
this is not time to get the nervous jitters.

Only Say What You Need to Say

Even if you aren’t under arrest, you still have the right to remain
silent. Do not feel any pressure to answer any questions that might be
leading or incriminating, such as “How much have you had to drink
tonight?” or “Where are you headed from?” However, basic
things, such as your name or address, should be provided to speed up the process.

Forgo Field Sobriety Tests

If the officer has enough reason to suspect you are driving while intoxicated,
they will ask you to take a few field sobriety tests (FST) right there
on the side of the road. If you are feeling anxious or had just one light
drink, you could easily fail these tests. You do have the option, however,
to refuse to take the test or opt to take them back at the station, giving
you time to settle down and stabilize. In many cases, there are no direct
consequences of refusing to take a FST.

Consider Chemical Tests

Alabama State has an “implied consent” law in place that basically
means that if you are using a public road, you are also willing to submit
to any chemical testing – breath, blood, or urine – a highway
patrol officer asks you to do. If you refuse to have your blood alcohol
concentration (BAC) level tested through chemical means, your license
will be suspended for at least 90 days as a punishment that is
separate from any possible conviction penalties. Usually refusing to take a chemical
test after being arrested for a DUI does no good for your case.

Hire an Attorney

If you have been charged with a DUI in Alabama, there are still ways to
defend your rights and secure your freedom of mobility. With a skilled
Birmingham DUI attorney from Tidwell Law Group, LLC at your side, anything
the prosecution uses against you can be critically analyzed and potentially
dismantled. Even if you blew higher than a 0.08 on a breathalyzer, our
experienced team can challenge the results by bringing the accuracy of
the testing device itself into question.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship. No representation
is made that the quality of the legal services to be performed is greater
than the quality of legal services performed by other lawyers.